BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 2195 (Achadjian) - Truancy: Informal Juvenile and Traffic
Court
Amended: August 4, 2014 Policy Vote: Public Safety 5-0
Urgency: No Mandate: No
Hearing Date: August 4, 2014
Consultant: Jacqueline Wong-Hernandez
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 2195 authorizes a juvenile hearing officer to
hear cases in which a minor is alleged to come within the
jurisdiction of the juvenile court on the basis of truancy, as
specified.
Fiscal Impact: This bill does not require local courts to change
the way they dispose of truancy cases, but allows them new
authority subjected to specified restrictions.
Potentially significant court savings (General Fund/Local
Funds) to the extent that courts elect to have juvenile
hearing officers preside over truancy cases in the Informal
Juvenile and Traffic Court, instead of judges presiding over
the same cases in juvenile court.
Background: Existing law defines a truant as a student who is
absent for 3 full days, or tardy or absent for more than a
30-minute period on 3 occasions, without a valid excuse in one
school year. Truants must be reported to the attendance
supervisor or superintendent of the school district. School
districts are required to notify the student's parent upon the
initial classification of truancy. (Education Code § 48260 et.
seq.)
Existing law defines a habitual truant as a student who has been
reported as a truant 3 or more times per school year (absent or
tardy without an excuse for at least 5 days). It also requires
school districts to first make a conscientious effort to hold at
least one conference with a parent and the student prior to
classifying the student as a habitual truant. (EC § 48262)
Existing law authorizes, but does not require, a county and/or
AB 2195 (Achadjian)
Page 1
local school attendance review board (SARB) to be established.
If established, SARB membership must include parents, school
districts, county probation, county welfare, county
superintendent of schools, law enforcement, community-based
youth services, and personnel representing school guidance,
child welfare and attendance, school or county health care, and
mental health. (EC § 48321)
School districts may refer the student to, and the student is
required to attend, a SARB or a truancy mediation program. The
student may be within the jurisdiction of the juvenile court if
the student does not successfully complete the truancy mediation
program. (EC § 48264.5(c))
Existing law states if a minor has four or more truancies within
one school year as defined, or a SARB or probation officer
determines that the available public and private services are
insufficient or inappropriate to correct the habitual truancy of
the minor, or to correct the minor's persistent or habitual
refusal to obey the reasonable and proper orders or directions
of school authorities, or if the minor fails to respond to
directives of a SARB or probation officer or to services
provided, the minor is then within the jurisdiction of the
juvenile court which may adjudge the minor to be a ward of the
court. (Welfare & Institutions Code § 601, subd. (b).)
Existing law also authorizes any peace officer or school
administrator to issue a notice to appear to a minor who is
within the jurisdiction of the juvenile court pursuant to these
sections related to truancy. (WIC § 601, subd. (d).)
Existing law enumerates numerous features and authorities of the
Informal Juvenile and Traffic Court. With regard to juveniles,
existing law provides that subject to the orders of the juvenile
court, a juvenile hearing officer may hear and dispose of any
case in which a minor under the age of 18 years as of the date
of the alleged offense is charged with the following specified
offenses:
a) Any violation of the Vehicle Code, except sections of that
code related to driving under the influence, not declared
to be a felony;
b) Trespassing, as specified;
AB 2195 (Achadjian)
Page 2
c) A violation of the Fish and Game Code not declared to be a
felony;
d) A violation of any of the equipment provisions of the
Harbors and Navigation Code or the vessel registration
provisions of the Vehicle Code;
e) A violation of state or local law relating to traffic
offenses, loitering or curfew, or evasion of fares on a
public transportation system, as defined,
f) A violation of rules and regulations for control of traffic
and parking areas;
g) Prohibited acts committed on or in facilities or vehicles
of public or subsidized transportation systems, as
specified;
h) A violation of the rules and regulations established by the
Department of Parks and Recreation;
i) A misdemeanor related to illegal dumping and destroying or
defacing of property owned or managed by the Santa Monica
Mountains Conservancy, as specified;
j) Purchase, attempted purchase, or consumption of an
alcoholic beverage by a person under the age of 21;
presenting or possessing false evidence of age for the
purpose of purchasing any alcoholic beverage; or possession
of an alcoholic beverage by a person under 21 in a public
place, as specified;
k) Public intoxication, as specified;
l) Misdemeanor vandalism, involving defacing property with
paint or any other liquid, as specified;
m) Purchase or possession of aerosol paint container by a
person under the age of 18 years, as specified;
n) Possession of not more than 28.5 grams of marijuana, as
specified;
AB 2195 (Achadjian)
Page 3
o) Any infraction; or
p) Any misdemeanor for which the minor is cited to appear by a
probation officer, as specified. (WIC § 256 et seq)
Proposed Law: This bill allows, subject to the orders of the
juvenile court, a juvenile hearing officer to hear and dispose
of truancy cases in an Informal Juvenile and Traffic Court. If
the juvenile court elects to have a truancy case heard in an
Informal Juvenile and Traffic Court (whether or not it is by a
juvenile hearing officer), the following procedures and
limitations apply:
1) The judge, referee, or juvenile hearing officer shall not
proceed with a hearing unless the court has been provided
with: a) evidence that the minor's school has undertaken the
actions specified in subdivisions (a), (b), and (c) of
Section 48264.5 of the Education Code, as specified; and, b)
the available record of previous attempts to address the
minor's truancy.
2) The court is encouraged to set the hearing outside of school
hours, so as to avoid causing the minor to miss additional
school time
3) Pursuant to paragraph (1) of subdivision (a) of Section 257,
the minor and his or her parents shall be advised of the
minor's right to refuse consent to a hearing conducted upon a
written notice to appear.
4) The minor's parents shall be permitted to participate in the
hearing.
5) The judge, referee, or juvenile hearing officer may continue
the hearing to allow the minor the opportunity to demonstrate
improved attendance, as specified. Upon demonstration of
improved attendance, the court may dismiss the case.
6) Upon a finding that the minor violated subdivision (b) of
WIC § 601, the judge, referee, or juvenile hearing officer
may do any of the following:
a) Order the minor to perform community service work, as
described in Section 48264.5 of the Education Code, which
may be performed at the minor's school.
AB 2195 (Achadjian)
Page 4
b) Order the payment of a fine not to exceed $50, as
specified. The minor, at his or her discretion, may perform
community service, as specified, in lieu of a fine.
c) Order a combination of community service and a portion
of the $50 fine.
d) Restrict driving privileges, as specified.
Staff Comments: This bill authorizes juvenile courts, at local
discretion, to allow juvenile hearing officers to hear and
dispose of truancy cases in an Informal Juvenile and Traffic
Court. If a juvenile court elects to use this authority, the
Informal Juvenile and Traffic Court hearing and disposing of
truancy cases must follow the requirements outlined in this
bill.
Generally, the use of an Informal Juvenile and Traffic Court is
considerably less expensive than a formal juvenile court. To the
extent that this alternative process is used in lieu of a formal
juvenile court, there will be local court savings. To the extent
that the option to use a more informal, decriminalized setting
results in county probation officers being more likely to refer
truancy issues to court, however, there could be additional
costs from a higher volume of cases. If truancy cases are not
heard and disposed of in a court process, however, they are
likely to continue in county probation or through SARBS, which
also have local costs. Ultimately, this bill gives locals more
authority to process their truancy issues as they see fit.